ARTICLE V
PROMOTION OF A NATIONAL DRUG–FREE
WORKPLACE PROGRAM WITH THE PARTICIPATION OF PRIVATE AND LABOR SECTORS AND THE
DEPARTMENT OF LABOR AND EMPLOYMENT
Section
47
Drug–Free
Workplace
It is deemed a policy of the State to
promote drug–free workplaces using a tripartite approach. With the assistance
of the Board, the Department of Labor and Employment (DOLE) shall develop,
promote and implement a national drug abuse prevention program in the workplace
to be adopted by private companies with ten or more employees. Such program
shall include the mandatory drafting and adoption of company policies against
drug use in the workplace in close consultation and coordination with the DOLE,
labor and employer organizations, human resource development managers and other
such private sector organizations.
a. A
National Drug–Free Workplace Abuse Prevention Program shall be formulated by a
tripartite Task Force composed of representatives from the DOLE, workers’ and
employers’ groups. It shall be supported by the Board, other concerned
government organizations (GOs) and non–government organizations (NGOs).
b. The
Secretary of the DOLE shall issue a Department Order creating a Task Force
consisting of tripartite and other agencies to formulate policies and
strategies for the purpose of developing a National Action Agenda on drug abuse
prevention in the workplace. Pursuant to the declared policy of the State and
the national workplace policy, the DOLE shall issue a Department Order (DO)
requiring all private companies to adopt and implement drug abuse prevention
programs in the workplace, including the formulation of company policies.
c. Pursuant
to the functions of the Board under Section 81(a) of the Act, the existing
Civil Service rules and policies needed to respond to drug abuse in the public
sector shall be adopted.
Section
48
Guidelines
of the National Drug–Free Workplace Program
The Board and the DOLE shall formulate
the necessary guidelines for the implementation of the national drug–free
workplace program; the amount necessary for the implementation of which shall
be included in the annual General Appropriations Act.
The Task Force shall develop a
comprehensive National Drug–Free Workplace Program in accordance with the
following guidelines:
a. All
private sector organizations with ten or more personnel shall implement a drug
abuse prevention program.
(1) The
workplace shall include advocacy and capability building and other preventive
strategies including but not limited to: company policies, training of
supervisors/managers, employee education, random drug testing, employee
assistance program and monitoring and evaluation.
(2) The
workplace program shall be integrated in the safety and health programs.
b. DOLE
and labor and employers’ groups shall also encourage drug–free policies and
programs for private companies with nine workers or less.
c. Any
officers or employee found positive for use of dangerous drugs shall be dealt
with administratively which shall be a ground for suspension or termination,
subject to the provisions of Article 282 of Book VI of the Labor Code.
d. Private
sector organizations may extend the drug education program to the
employees/personnel and immediate families to contribute in the promotion of a
healthy drug–free family, community and society.
e. All
private sector organizations shall display in a conspicuous place a billboard
or streamer with a standard message of “THIS IS A DRUG–FREE WORKPLACE: LET’S
KEEP IT THIS WAY!” or such other messages of similar import.
ARTICLE VI
PARTICIPATION OF THE PRIVATE AND
LABOR SECTORS IN THE ENFORCEMENT OF THE ACT
Section
49
Labor
Organizations and the Private Sector
All labor unions, federations,
associations, or organizations in cooperation with the respective private
sector partners shall include in their collective bargaining or any similar
agreements, joint continuing programs and information campaigns for the
laborers similar to the programs provided under Section 47 of the Act with the
end in view of achieving a drug free workplace.
It shall be required that the workplace
drug abuse prevention policies and programs be included as part of the
Collective Bargaining Agreement (CBA).
Section
50
Government
Assistance
The labor sector and the respective
partners may, in pursuit of the programs mentioned in the preceding Section,
secure the technical assistance, such as, but not limited to, seminars and
information dissemination campaigns of the appropriate government and law enforcement
agencies.
a. The
DOLE, DDB and PDEA and other government agencies shall provide technical
assistance in planning, developing, monitoring and evaluating drug abuse
prevention programs, including a referral system for treatment and
rehabilitation, in the labor sector both private and public.
b. Workplace
drug abuse prevention programs shall be included in existing advocacy and
capability building programs of the government.
c. The
labor inspection arm of the DOLE shall develop an appropriate inspection form
to be integrated in the on–going general labor standards inspection.
d. The
information and dissemination of pertinent provisions of the Act and the IRR
shall be included in the agenda of the advisory visits of the labor enforcement
advisory team.
ARTICLE VII
PARTICIPATION OF LOCAL GOVERNMENT
UNITS
Section
51
Local
Government Units Assistance
The LGUs shall appropriate a substantial
portion of their respective annual budgets to assist in or enhance the
enforcement of the Act giving priority to preventive or educational programs
and the rehabilitation or treatment of drug dependents.
a. Consistent
with the principles of local autonomy, the local sanggunian shall appropriate
substantial funds from their annual budgets to be utilized in assisting or
enhancing the enforcement of the Act, giving priority to educational programs
on drug abuse prevention and control and rehabilitation and treatment of drug
dependents, such amount to be determined by the sanggunian concerned based on
the perceived need of the locality.
b. As
used in this Section, “perceived need” may cover such factor as, but not
limited to, the following:
(1) Considerable
increase in the number of drug dependents in the area;
(2) The
rise in drug–related crime incidents as certified to by the local PNP and/or
PDEA; and
(3) The
need for preventive and advocacy initiatives.
Section
52
Abatement
of Drug Related Public Nuisances
Any place or premises which have been
used on two or more occasions as the site of the unlawful sale or delivery of
dangerous drugs, or used as drug dens for pot sessions and other similar
activities, may be declared to be a public nuisance, and such nuisance may be
abated, pursuant to the following procedures:
a. Any
city or municipality may, by ordinance, create an administrative board to hear
complaints regarding the nuisances, to be composed of the following:
(1) City/Municipal
Health Officer as chairperson
(2) City/Municipal
Legal Officer as member, provided that in cities/municipalities with no legal
Officer, the City/Municipal Administrator shall act as member; and
(3) The
Local Chief of Police as member;
b. Any
employee, officer, or resident of the city or municipality may bring a complaint
before the administrative board after giving not less than three days written
notice of such complaint to the owner of the place or premises at his/her last
known address;
c. Within
three days from receipt of the complaint, a hearing shall then be conducted by
the administrative board, with notice to both parties, and the administrative
board may consider any evidence submitted, including evidence of general
reputation of the place or premises;
d. The
owner/manager of the premises or place shall also be given an opportunity to
present any evidence in his/her defense;
e. After
hearing, the administrative board may declare the place or premises to be a
public nuisance;
f. The hearing shall be terminated within
ten days from commencement.
Subject to the limitation on personal
services under the Local Government Code of 1991, the availability of funds and
the existing Department of Budget and Management (DBM) Local Budget Circulars,
the Sangguniang Bayan/Panlungsod may grant reasonable honoraria to the
chairperson and member of the administrative board.
Section
53
Effect
of the Administrative Board Declaration
If the administrative board declares a
place or premises to be a public nuisance, it shall issue an order immediately
prohibiting the conduct, operation or maintenance of any business or activity
on the premises which is conducive to such nuisance. The city/municipal mayor
shall implement the order of the administrative board and shall assume full
responsibility in seeing to it that the order is immediately complied with.
The order issued by the administrative
board shall expire after one year, or at such an earlier time as stated in the
order. The administrative board may bring a complaint seeking a permanent
injunction against any nuisance described under this IRR.
The administrative board, upon showing
that the place is no longer a public nuisance, may conduct hearing with the
complainant duly notified, for the possible lifting of the order.
The DDB shall issue guidelines on the
proper implementation of the order of the administrative board in case the
place or premises declared as a public nuisance is a residential house, without
prejudice to the filing of criminal case against the owner of the house
pursuant to Section 6 of the Act.
This IRR does not restrict the right of
any person to proceed under the Civil Code on public nuisance. Neither shall
this restrict the power of the Sangguniang Bayan and Sangguniang Panlungsod per
Section 447 [a] [4] [i] and Section 458 [a] [4] [i], respectively, of the Local
Government Code, to declare or abate any nuisance.
ARTICLE VIII
PROGRAM FOR TREATMENT AND
REHABILITATION OF DRUG DEPENDENTS
Section
54
Voluntary
Submission of a Drug Dependent to Confinement, Treatment and Rehabilitation
A drug dependent or any person who
violated Section 15 of the Act may, by himself/herself, or through his/her
parent, spouse, guardian or relative within the fourth degree of consanguinity
or affinity, apply to the Board or its duly recognized representative, for
treatment and rehabilitation of the drug dependency. If the examination by a
DOH–accredited physician results in the nuisance of a certification that the
applicant is a drug dependent, he/she shall be ordered by the court to undergo
treatment and rehabilitation in a Center designated by the Board for a period
of not less than six months. Provided, that a drug dependent may be placed
under the care of a DOH–accredited physician where there is no Center near or
accessible to the residence of the drug dependent or where said drug dependent
is below eighteen years of age and is a first–time offender and non–confinement
in a Center will not pose a serious danger to his/her family or community.
Confinement in a Center for treatment
and rehabilitation shall not exceed one year, after which time the court, as
well as the Board, shall be apprised by the head of the treatment and
rehabilitation center of the status of said drug dependent and determine
whether further confinement will be for the welfare of the drug dependent and
his/her family or the community.
The DOH, in consultation with the DDB,
shall provide standards and guidelines for the accreditation of the physicians.
Section
55
Exemption
from the Criminal Liability under the Voluntary Submission Program
A drug dependent under the voluntary
submission program, who is finally discharged from confinement, shall be exempt
from the criminal liability under Section 15 of the Act subject to the
following conditions:
a. He/she
has complied with the rules and regulations of the Center, the applicable rules
and regulations of the Board, including the after–care and follow–up program
for at least eighteen months following temporary discharge from confinement in
the Center or, in the case of a drug dependent placed under the care of the
DOH–accredited physician, the after–care program and follow–up schedule
formulated by the DSWD and approved by the Board: Provided, that capability–building
of local government social workers shall be undertaken by the DSWD;
b. He/she
has never been charged or convicted of any offense punishable under the Act,
the Dangerous Drugs Act of 1972 or Republic Act No. 6425, as amended; the
Revised Penal Code, as amended; or any special penal laws;
c. He/she
has no record of escape from a Center: Provided, that had he/she escaped,
he/she surrendered by himself/herself or through his/her parent, spouse,
guardian or relative within the fourth degree of consanguinity or affinity,
within one week from the date of the said escape; and
d. He/she
poses no serious danger to himself/herself, his/her family or the community by
his/her exemption from criminal liability.
Section
56
Temporary
Release from the Center, After–Care and Follow–Up Treatment under the Voluntary
Submission Program
Upon certification of the Center that
the drug dependent within the voluntary submission program may be temporarily
released, the court, shall order his/her release on condition that said drug
dependent shall report to the DOH for after–care and follow–up treatment,
including urine testing, for a period not exceeding eighteen months under such
terms and conditions that the court may impose.
If during the period of after–care and
follow–up, the drug dependent is certified to be rehabilitated, he/she may be
discharged by the court, subject to the provisions of Section 55 of the Act,
without prejudice to the outcome of any pending case filed in court.
However, should the DOH find that during
the initial after–care and follow–up program of eighteen month, the drug
dependent requires further treatment and rehabilitation in the Center, he/she
shall be recommitted to the Center for confinement. Thereafter, he/she may
again be certified for temporary release and ordered released for another
after–care and follow –up program pursuant to this Section.
The DOH shall formulate standards and
guidelines, in consultation with the DDB, for after–care and follow–up
treatment wherein the following provisions, among others, shall be
incorporated:
a. The
DOH–accredited physician can recommend to the court the release of a drug
dependent at least forty five days after initial admission to a facility; and
b. The
physician should likewise prescribe a comprehensive after–care and follow–up
program which the dependent should adhere to in order to complete at least
eighteen months, depending on the assessment and evaluation of the physician
and subject to the approval of the court.
Section
57
Probation
and Community Service under the Voluntary Submission Program
A drug–dependent who is discharged as
rehabilitated by the DOH–accredited Center through the voluntary submission
program, but does not qualify for exemption from criminal liability under
Section 44 of the Act, may be charged under the provisions of the Act, but
shall be placed on probation and undergo community service in lieu of
imprisonment and/or fine in the discretion of the court, without prejudice to
the outcome of any pending case filed in court.
Such drug dependent shall undergo
community service as part of his/her after–care and follow–up program, which
may be done in coordination with non–government, civic organizations accredited
by the DSWD, with the recommendation of the Board.
Section
58
Filing
of Charges against a Drug Dependent who is not rehabilitated under the
Voluntary Submission Program
A drug dependent who is not
rehabilitated after the second commitment to the center under the voluntary
submission program, shall, upon recommendation of the Board, be charged with
violation of Section 15 of the Act and prosecuted like any other offender. If
convicted, he/she shall be credited for the period of confinement and rehabilitation
in the Center in the service of his/her sentence.
Section
59
Escape
and Recommitment for Confinement and Rehabilitation under the Voluntary
Submission Program
Should a drug dependent under the
voluntary submission program escape from the Center, he/she may submit
himself/herself for recommitment within one week therefrom, or his/her parent,
spouse, guardian or relative within the fourth degree of consanguinity or
affinity may, within said period, surrender him for recommitment, in which case
the corresponding order shall be issued by the Board.
Should the escape fail to submit
himself/herself or be surrendered after one week, the Board shall apply to the
court for a recommitment order. Upon proof of previous commitment or his/her
voluntary submission by the Board, the court may issue an order for
recommitment within one week.
If, subsequent to a recommitment, the
dependent once again escapes from confinement, he/she shall be charged with
violation of Section 15 of the Act and be subjected under Section 61 of the
Act, either upon order of the Board or upon order of the court, as the case may
be.
Section
60
Confidentiality
of Records under the Voluntary Submission Program
Judicial and medical records of drug
dependents under the voluntary submission program shall be confidential and
shall not be used against him/her for any purpose, except to determine how many
times, by himself/herself to through his/her parent, spouse, guardian or
relative within the fourth degree of consanguinity or affinity, he/she
voluntarily submitted himself/herself for confinement, treatment and
rehabilitation or has been committed to a center under this program.
However, where the drug dependent is not
exempt from criminal liability under Section 55 of the Act, or when he/she is
not rehabilitated under the voluntary submission program, or when he/she
escapes again from confinement after recommitment, the records mentioned in the
immediately preceding provisions, which are necessary for his/her conviction,
may be utilized as evidence in court against him/her.
Section
61
Compulsory
confinement of a Drug Dependent who refuses to apply under the Voluntary
Submission Program
Notwithstanding any law, rule and
regulation to the contrary, any person determined and found to be dependent on
dangerous drugs shall, upon petition by the Board or any of its authorized
representatives, be confined for treatment and rehabilitation in any center
duly designated or accredited for the purpose.
A petition for the confinement of a
person alleged to be dependent on dangerous drugs to a center may be filed by
any person authorized by the Board with the Regional Trial Court of the
province or city where such person is found.
After the petition is filed, the court,
by an order, shall immediately fix a date for the hearing, and a copy of such
order shall be served on the person alleged to be dependent on dangerous drugs,
and to the one having charge of him/her.
If, after such hearing and the facts so
warrant, the court shall order the drug dependent to be examined by two
physicians accredited by the Board. If both physicians conclude that the
respondent is not a drug dependent, the court shall order his/her discharge. If
either physician finds him to be a dependent, the court shall conduct a hearing
and consider all relevant evidence which may be offered. If the court finds
him/her a drug dependent, it shall issue an order for his/he commitment to a
treatment and rehabilitation center under the supervision of the DOH. In any
event, the order of discharge or order of confinement or commitment shall be
issued not later than fifteen days from filing of the appropriate petition.
Section
62
Compulsory
submission of a Drug Dependent charged with an offense to treatment and
rehabilitation
If a person charged with an offense
where the imposable penalty is imprisonment of less than six years and one day,
and is found by the prosecutor or by the court at any stage of the proceedings,
to be a drug dependent, the prosecutor or the court as the case may be, shall
suspend all further proceedings and transmit copies of the record of the case
to the Board.
In the event the Board determines, after
medical examination, that public interest requires that such drug dependent be
committed to a center for treatment and rehabilitation, it shall file a
petition for his/her commitment with the regional trial court of the province
or city where he/she is being investigated or tried: Provided, that where a
criminal case is pending in court, such petition shall be filed in the said
court. The court shall take judicial notice of the prior proceedings in the
case and shall proceed to hear the petition. If the court finds him to be a
drug dependent, it shall order his/her commitment to a Center for treatment and
rehabilitation. The head of said Center shall submit to the court may require,
a written report on the progress of the treatment. If the dependent is
rehabilitated, as certified by the Center and the Board, he/she shall be
returned to the court, which committed him, for his/her discharge therefrom.
Thereafter, his/her prosecution for any
offense punishable by law shall be instituted or shall continue, as the case
may be. In case of conviction, the judgment shall, if the accused is certified
by the treatment and rehabilitation center to have maintained good behavior,
indicate that he/she was confined in the Center: Provided, however, that when
the offense is for violation of Section 15 of the Act and the accused is not a
recidivist, the penalty thereof shall be deemed to have been served in the
Center upon his/her release therefrom after certification by the center and the
Board that he/she is rehabilitated.
Section
63
Prescription
of the Offense charged against a Drug Dependent under the Compulsory Submission
Program
The period of prescription of the
offense charged against a drug dependent under the compulsory submission
program shall not run during the time that the drug dependent is under confinement
in a Center or otherwise under the treatment and rehabilitation program
approved by the Board
Upon certification of the Center that
he/she may temporarily be discharged from the said Center, the court shall
order his/her release on condition that he/she report to the Board through the
DOH for after–care and follow–up treatment for a period not exceeding eighteen
months under such terms and conditions as may be imposed by the Board.
If at anytime during the after–care and
follow–up period, the Board certifies to his/her complete rehabilitation, the
court shall order his/her final discharge from confinement and order for which
he/she is originally charged. Should the Board through the DOH find at anytime
during the after–care and follow–up period that he/she requires further
treatment and rehabilitation, it shall report to the court, which shall order
his/her recommitment to the Center.
Should the drug dependent, having been
committed to a Center upon petition by the Board escape thereform, he/she may
resubmit himself/herself for confinement within one week from the date of
his/her escape; or his/her parent, spouse, guardian or relative within the
fourth degree of consanguinity or affinity may, within the same period,
surrender him for recommitment. If, however, the drug dependent does not
resubmit himself/herself for confinement or he/she is not surrendered for
recommitment, the Board may apply with the court for the issuance of the
recommitment order. Upon proof of previous commitment, the court shall issue an
order for recommitment. If, subsequent to such recommitment, he/she should
escape again, he/she shall no longer be exempt from criminal liability for use
of any dangerous drug.
A drug dependent committed under this
particular Section who is finally discharged from confinement shall be exempt
from criminal liability under Section 15 of the Act, without prejudice to the
outcome of any pending case filed in court. On the other hand, a drug dependent
who is not rehabilitated after a second commitment to the Center shall, upon
conviction by the appropriate court, suffer the same penalties provided for
under Section 15 of the Act, again without prejudice to the outcome of any
pending case filed in court.
Section
64
Confidentiality
of Records under Compulsory Submission Program
The records of a drug dependent who was
rehabilitated and discharged from the center under the compulsory submission
program, or who was charged with violation of Section 15 of the Act, shall be
covered by Section 60 of the Act, shall be covered by Section 60 of the Act.
However, the records of a drug dependent who was not rehabilitated, or who
escaped but did not surrender himself/herself within the prescribed period,
shall be forwarded to the court and their use shall be determined by the court,
taking into consideration public interest and the welfare of the drug
dependent.
Section
65
Duty
of the Prosecutor in the Proceedings
It shall be the duty of the provincial
or the city prosecutor or their assistants or state prosecutor or their
assistants or state prosecutors to prepare the appropriate petition in all
proceedings arising from the act.
Section
66
Suspension
of sentence of a First–time Minor Offender
An accused who is over fifteen years of
age at the time of the commission of the offense mentioned in Section 11 of the
Act, but not more than eighteen years of age at the time when judgment should
have been promulgated after having been found guilty of said offense, may be
given the benefits of a suspended sentence, subject to the following
conditions:
a. He/she
has not been previously convicted of violating any provision of the Act, or of
the Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code; or
of any special penal laws;
b. He/she
has not been previously committed to a Center or to the care of a DOH–accredited physician; and
c. The
Board favorably recommends that his/her sentence be suspended.
While under suspended sentence, he/she
shall be under the supervision and rehabilitative surveillance of the Board,
under such conditions that the court may impose for a period ranging from six
months to eighteen months.
Upon recommendation of the Board, the
court may commit the accused under suspended sentence to a Center, or to the
care of a DOH–accredited physician for at least six months, with the after–care
and follow–up program for not more than eighteen months.
In the case of minors under fifteen
years of age at the time of the commission of any offense penalized under the
Act, Article 192 of Presidential Decree No. 603, otherwise known as the Child
and Youth Welfare Code, as amended by Presidential Decree No. 1179 shall apply,
without prejudice to the application of the provision of this Section.
Section
67
Discharge
after compliance with conditions of suspended sentence of a first–time minor
offender
If the accused first–time minor offender
under suspended sentence complies with the applicable rules and regulations of
the Board, including confinement in a center, the court, upon favorable
recommendation of the Board for the final discharge of the accused, shall
discharge the accused and dismiss all proceedings.
Upon the dismissal of the proceedings
against the accused, the court shall enter an order to expunge all official
records, other than the confidential record to be retained by the DOH relating
to the case. Such an order, which shall be kept confidential, shall restore the
accused to his/her status prior to the case. He/she shall not be held
thereafter to be guilty or perjury or of concealment or misrepresentation by
reason of his/her failure to acknowledge the case or recite any fact related
thereto in response to any injury made of him for any purpose.
Section
68
Privilege
of Suspended Sentence to be availed of Only Once by a First Time Minor Offender
The privilege of suspended sentence
shall be availed of only once by an accused drug dependent who is a first–time
offender over fifteen years of age at the time of the commission of the
violation of Section 15 of the Act but not more than eighteen years of age at
the time when judgment should have been promulgated.
Section
69
Promulgation
of Sentence for First–Time Minor Offender
If the accused first–time minor offender
violates any of the conditions of his/her suspended sentence, the applicable
rules and regulations of the Board exercising supervision and rehabilitative
surveillance over him, including the rules and regulations of the center should
be required, the court shall pronounce judgment of conviction and he/she shall
serve as any other convicted person.
Section
70
Probation
or Community Service for a First–Time Minor Offender in Lieu of Imprisonment
Upon promulgation of the sentence, the
court may, in its discretion, place the accused under probation, even if the
sentence provided under the Act is higher than that provided under existing law
on probation, or impose community service in lieu of imprisonment. In case of
probation, the supervision and rehabilitative surveillance shall be undertaken
by the Board through the DOH in coordination with the Board of Pardons and
Parole and the Probation Administration. Upon compliance with the conditions of
the probation, the Board shall submit a written report to the court
recommending termination of probation and a final discharge of the probationer,
whereupon the court shall issue such an order.
The community service shall be complied
with under conditions, time and place as may be determined by the court in its
discretion and upon the recommendation of the Board and shall apply only to
violators of Section 15 of the act. The completion of the community service
shall be under the supervision and rehabilitative surveillance of the Board
during the period required by the court. Thereafter, the Board shall render a
report on the manner of compliance of said community service. The court in its
discretion may require extension of the community service or order a final
discharge.
In both cases, the judicial records
shall be covered by the provisions of Section 60 and 64 of the Act.
If the sentence promulgated by the court
requires imprisonment, the period spent in the Center by the accused during the
suspended sentence period shall be deducted from the sentence to be served.
Section
71
Records
to be kept by the Department of Justice
The DOJ shall keep a confidential record
of the proceedings on suspension of sentence and shall not be used for any
purpose other than to determine whether or not a person accused under the Act
is a first–timer minor offender.
Section
72
Liability
of a Person who violates the Confidentiality of Records
The penalty of imprisonment ranging from
six months and one day to six years and a fine ranging from One Thousand pesos
(P1,000.00) to Six thousand pesos (P6,000.00), shall be imposed upon any person
who, having official custody of or access to the confidential records of any
drug dependent under voluntary submission programs, or anyone who, having
gained possession of said records, whether lawfully or not, reveals their
content to an person other than those charged with the prosecution of the
offenses under the Act and its implementation. The maximum penalty shall be
imposed, in addition to absolute perpetual disqualification form any public
office, when the offender is a government official or employee. Should the
records be used for unlawful purposes, such as blackmail of the drug dependent
or members of his/her family, the penalty imposed for the crime of violation of
confidentiality shall be in addition to whatever crime he/she may be convicted
of.
Section
73
Liability
of a Parent, Spouse or Guardian who refuses to Cooperate with the Board or any
Concerned Agency
Any parent, spouse of guardian who
without valid reason, refuses to cooperate with the Board or any concerned
agency in the treatment and rehabilitation of a drug dependent who is a minor,
or in any manner, prevents or delays the after–care, follow–up other programs
for the welfare of the accused drug dependent, whether under voluntary
submission program or compulsory submission program, may be cited for contempt
by the court.
Section
74
Cost–sharing
in the Treatment and Rehabilitation of a Drug Dependent
The parent, spouse, guardian or any
relative within the fourth degree of consanguinity of any person who is
confined under the voluntary submission program shall be charged a certain
percentage of cost of his/her treatment and rehabilitation, the guidelines of
which shall be formulated by the DSWD taking into consideration the economic
status of the family of the person confined. The guidelines therein formulated
shall be implemented by a social worker of the local government unit.
a. Persons
sharing the Cost of Treatment and Rehabilitation of a Drug Dependent
The parent,
spouse, guardian or any relative within the fourth degree of consanguinity of
any person who is confined under the voluntary submission program or compulsory
submission program shall share the cost of treatment and rehabilitation of a
drug dependent: Provided, however, that in case a dependent has no parent,
spouse, guardian or relative within the fourth degree of consanguinity, his/her
rehabilitation shall be through the auspices of any government rehabilitation
center.
b.
Factors
in determining cost
In government
rehabilitation centers, the following factors shall be taken into consideration
in determining the share of the cost:
1. Family income in relation to
poverty threshold based on assessment of the LGU social worker. Family income
refers to the aggregate of primary income, property income, pension and other
current transfers received by the immediate family or relatives of the drug
dependent;
2. Capacity of the
province/city/municipality based on their income classification; and
3. The cost of treatment and
rehabilitation based on a center’s facilities, programs and services.
c.
Guiding
Principles
The following
guiding principles shall be observed:
1. A
family whose income is within poverty threshold shall be fully subsidized by
the government;
2. The
higher the income of the family, the higher is its percentage share;
3. The
higher the capacity of the LGU, the better the quality of programs, services
and structure it shall provide;
4. Confidentiality
of drug abuse cases shall be observed; and
5. Same
quality of services shall be provided to both paying and non–paying drug
dependents
d.
Formulation
of Cost Sharing Schedule
Within sixty
days upon effectivity of this IRR, the respective provincial/city/municipal
councils shall pass an ordinance prescribing the cost–sharing percentage for
the treatment and rehabilitation of drug dependents
Section
75
Treatment
and Rehabilitation Centers
The existing treatment and
rehabilitation center for drug dependents operated and maintained by the NBI
and the PNP shall be operated, maintained and managed by the DOH, in
coordination with other concerned agencies. For the purpose of enlarging the
network of centers, the Board, through the DOH, shall encourage, promote or
whenever feasible, assist or support in the establishment, operations and
maintenance of private centers which shall be eligible to receive grants,
donations or subsidy from either government or private sources. It shall also
support the establishment of government–operated regional treatment and
rehabilitation centers depending upon the availability of funds. The national
government, through its appropriate agencies shall give priority funding for
the increase of subsidy to existing government drug rehabilitation centers, and
shall establish at least one rehabilitation center in each province, depending
on the availability of funds
To ensure proper treatment and rehabilitation
of drug dependents, the DOH shall perform the following;
a. Formulate
standards and guidelines for the operation and maintenance of all treatment and
rehabilitation centers nationwide;
b. Develop
a system for monitoring and supervision of all drug rehabilitation centers
nationwide;
c. Create
programs which will advocate for the establishment of LGU–assisted
rehabilitation facilities in each province;
d. Submit
to the Department of Budget and Management a budget for the establishment and
operation of drug rehabilitation centers; and
e. Facilitate
the turnover of all the rehabilitation centers from the PNP and NBI thru a
Memorandum of Agreement
f. That shall be signed within sixty
days after approval of this IRR.
Section
76
The
Duties and Responsibilities of the Department of Health (DOH) under the act
The DOH shall:
a. Oversee
and monitor the integration, coordination and supervision of all drug
rehabilitation, intervention, after–care and follow–up programs, projects and
activities, as well as the establishment, operations, maintenance and
management of privately–owned drug treatment rehabilitation centers and drug
testing networks and laboratories throughout the country, in coordination with
the DSWD and other agencies;
b. License,
accredit, establish and maintain drug test network and laboratory; and initiate
conduct and support scientific research on drugs and drug control;
c. Encourage,
assist and accredit private centers; and promulgate rules and regulations
setting minimum standards for their accreditation to assure their competence,
integrity and stability;
d. Prescribe
and promulgate rules and regulations governing the establishment of such
centers as it may deem necessary after conducting a feasibility study thereof;
e. The
DOH shall, without prejudice to the criminal prosecution of those found guilty
of violating the Act, order the closure of a Center for treatment and
rehabilitation of drug dependency when, after investigation it is found guilty
of violating the provisions of the Act or regulations issued by the Board; and
f. Charge reasonable fees for drug
dependency examinations other medical and legal services provided to the
public, which shall accrue to the Board. All income derived from these sources
shall be part of the funds constituted as special funds for the implementation
of the Act under Section 87.
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